Morrison v. Home Depot

OPINION OF THE COURT

This appeal concerns the report of a medical evaluation that was ordered under KRS 342.315 and performed by a physician who was not employed by the University of Kentucky or University of Louisville medical school. An Administrative Law Judge (ALJ) overruled the claimant’s motion to strike, rejecting an assertion that the physician was not a university evaluator within the meaning of KRS 342.315. Affirming, the Workers’ Compensation Board and Court of Appeals reasoned that the statute required the commissioner (now executive director) to contract with the universities “to…